Transparency

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State Statute Description/Statute Name Statutory language Type of obligation Actor
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California Cal. Rules of Court 4.320 Records of criminal convictions
In addition to the information that the Department of Justice requires from courts under Penal Code section 13151, each trial court must also report, electronically or manually, the following information,
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in the form and manner specified by the Department of Justice:(1) Whether the defendant was represented by counsel or waived the right to counsel; and(2) In the case of a guilty or nolo contendere plea, whether:(A) The defendant was advised of and understood the charges;(B) The defendant was advised of, understood, and waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; and(C) The court found the plea was voluntary and intelligently made. For purposes of this rule, a change of plea form signed by the defendant, defense counsel if the defendant was represented by counsel, and the judge, and filed with the court is a sufficient basis for the clerk or deputy clerk to report that the requirements of (2) have been met.
Obligation to collect or record All courts
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California Cal. Rules of Court 4.541 Minimum requirements of supervision agency reports
Except as provided in (d), a petition for revocation of supervision must include a written report that contains at least the following information:(1) Information about the supervised person, including:(A) Personal
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identifying information, including name and date of birth;(B) Custody status and the date and circumstances of arrest;(C) Any pending cases and case numbers;(D) The history and background of the supervised person, including a summary of the supervised person's record of prior criminal conduct; and(E) Any available information requested by the court regarding the supervised person's risk of recidivism, including any validated risk-needs assessments;(2) All relevant terms and conditions of supervision and the circumstances of the alleged violations, including a summary of any statement made by the supervised person, and any victim information, including statements and type and amount of loss;(3) A summary of any previous violations and sanctions; and(4) Any recommended sanctions
Obligation to report/conduct analysis Supervision agency
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California Cal. Pen. Code § 1463.010 Proceedings in Misdemeanor and Infraction Cases: Enforcement of court orders; Guidelines for collection program; Annual report; Business license suspension program; Amnesty

The uniform imposition and enforcement of court-ordered debts are recognized as an important element of California’s judicial system. Prompt, efficient, and effective imposition and collection of court-ordered fees, fines, forfeitures,

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penalties, restitution, and assessments ensure the appropriate respect for court orders. The California State Association of Counties and the Administrative Office of the Courts are jointly committed to identifying, improving, and seeking to expand access to mechanisms and tools that will enhance efforts to collect court-ordered debt. To provide for this prompt, efficient, and effective collection:(a) The Judicial Council shall adopt guidelines for a comprehensive program concerning the collection of moneys owed for fees, fines, forfeitures, penalties, and assessments imposed by court order. As part of its guidelines, the Judicial Council may establish standard agreements for entities to provide collection services. As part of its guidelines, the Judicial Council shall include provisions that promote competition by and between entities in providing collection services to courts and counties. The Judicial Council may delegate to the Administrative Director of the Courts the implementation of the aspects of this program to be carried out at the state level. (b) The courts and counties shall maintain the collection program that was in place on January 1, 1996, unless otherwise agreed to in writing by the court and county. The program may wholly or partially be staffed and operated within the court itself, may be wholly or partially staffed and operated by the county, or may be wholly or partially contracted with a third party. In carrying out this collection program, each superior court and county shall develop a cooperative plan to implement the Judicial Council guidelines. In the event that a court and a county are unwilling or unable to enter into a cooperative plan pursuant to this section, prior to the arbitration procedures required by subdivision (e) of Section 1214.1, the court or the county may request the continuation of negotiations with mediation assistance as mutually agreed upon and provided by the Administrative Director of the Courts and the California State Association of Counties. (c) The Judicial Council shall develop performance measures and benchmarks to review the effectiveness of the cooperative superior court and county collection programs operating pursuant to this section. Each superior court and county shall jointly report to the Judicial Council, as provided by the Judicial Council, information requested in a reporting template on or before September 1, 2009, and annually thereafter. The Judicial Council shall report to the Legislature on December 31, 2009, and annually thereafter, on all of the following: (1) The extent to which each court or county is following best practices for its collection program. (2) The performance of each collection program. (3) Any changes necessary to improve performance of collection programs statewide. (d) The Judicial Council may, when the efficiency and effectiveness of the collection process may be improved, facilitate a joint collection program between superior courts, between counties, or between superior courts and counties. (e) The Judicial Council may establish, by court rule, a program providing for the suspension and nonrenewal of a business and professional license if the holder of the license has unpaid fees, fines, forfeitures, penalties, and assessments imposed upon them under a court order. The Judicial Council may provide that some or all of the superior courts or counties participate in the program. Any program established by the Judicial Council shall ensure that the licensee receives adequate and appropriate notice of the proposed suspension or nonrenewal of his or her license and has an opportunity to contest the suspension or nonrenewal. The opportunity to contest may not require a court hearing. (f) Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.

Obligation to collect or record State courts
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California Cal. Pen. Code § 1463.02 Proceedings in Misdemeanor and Infraction Cases: Establishment of task force; Task force responsibilities and duties; Chairperson; Membership; Report

(a) On or before June 30, 2011, the Judicial Council shall establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult and juvenile offenders. The task

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force shall be comprised of the following members:(1) Two members appointed by the California State Association of Counties. (2) Two members appointed by the League of California Cities. (3) Two court executives, two judges, and two Administrative Office of the Courts employees appointed by the Judicial Council. (4) One member appointed by the Controller. (5) One member appointed by the Franchise Tax Board. (6) One member appointed by the California Victim Compensation Board. (7) One member appointed by the Department of Corrections and Rehabilitation. (8) One member appointed by the Department of Finance. (9) One member appointed by each house of the Legislature. (10) A county public defender and a city attorney appointed by the Speaker of the Assembly. (11) A defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules. (b) The Judicial Council shall designate a chairperson for the task force. The task force shall, among other duties, do all of the following: (1) Identify all criminal and traffic-related court-ordered fees, fines, forfeitures, penalties, and assessments imposed under law. (2) Identify the distribution of revenue derived from those debts and the expenditures made by those entities that benefit from the revenues. (3) Consult with state and local entities that would be affected by a simplification and consolidation of criminal and traffic-related court-ordered debts. (4) Evaluate and make recommendations to the Judicial Council and the Legislature for consolidating and simplifying the imposition of criminal and traffic-related court-ordered debts and the distribution of the revenue derived from those debts with the goal of improving the process for those entities that benefit from the revenues, and recommendations, if any, for adjustment to the court-ordered debts. (c) The task force also shall document recent annual revenues from the various penalty assessments and surcharges and, to the extent feasible, evaluate the extent to which the amount of each penalty assessment and surcharge impacts total annual revenues, imposition of criminal sentences, and the actual amounts assessed. (d) The task force also shall evaluate and make recommendations to the Judicial Council and the Legislature on or before June 30, 2011, regarding the priority in which court-ordered debts should be satisfied and the use of comprehensive collection programs authorized pursuant to Section 1463.007, including associated cost-recovery practices.

Obligation to collect or record Other
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California Cal. Gov. Code § 6253(a)-(b) Inspection of Public Records: Time for inspection of public records; “Unusual circumstances”; Posting of public record on Web site

(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public

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record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.

Obligation to respond to public records requests All
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California CA ST TR COURT Rule 2.503(c) Application and scope: Courthouse electronic access only

A court that maintains the following records in electronic form must provide electronic access to them at the courthouse, to the extent it is feasible to do so, but may

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provide remote electronic access only to the records governed by (b):(1) Records in a proceeding under the Family Code, including proceedings for dissolution, legal separation, and nullity of marriage; child and spousal support proceedings; child custody proceedings; and domestic violence prevention proceedings; . . . (5) Records in a criminal proceeding.

Obligation to collect or record All courts
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California CA ST TR COURT Rule 2.503(e) Application and scope: Remote access allowed in extraordinary criminal cases

Notwithstanding (c)(5), the presiding judge of the court, or a judge assigned by the presiding judge, may exercise discretion, subject to (e)(1), to permit electronic access by the public to

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all or a portion of the public court records in an individual criminal case if (1) the number of requests for access to documents in the case is extraordinarily high and (2) responding to those requests would significantly burden the operations of the court. An individualized determination must be made in each case in which such remote electronic access is provided.

Obligation to collect or record All courts
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Kansas Kan. Stat. Ann. § 21-5821 Crimes Involving Property: Giving a worthless check
In addition to all other costs and fees allowed by law, each prosecutor who takes any action under the provisions of this section may collect from the issuer in such
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action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall not exceed $10 for each check. If the issuer of the check is convicted in a district court, the administrative handling costs may be assessed as part of the court costs in the matter. The moneys collected pursuant to this subsection shall be deposited into a trust fund which shall be administered by the board of county commissioners. The funds shall be expended only with the approval of the board of county commissioners, but may be used to help fund the normal operating expenses of the county or district attorney's office.
Obligation to collect or record Prosecutor, State/statewide agency
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Kansas Kan. Stat. Ann. § 22-4529 Entitlement of defendant to counsel; application fee; disposition of moneys
Any defendant entitled to counsel pursuant to Kan. Stat. Ann. § 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the
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district court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to Kan. Stat. Ann. § 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.
Obligation to collect or record Clerk, State/statewide agency
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Kansas Kan. Stat. Ann. § 45-411 Judicial records; supreme court rules
The state records board shall have no control over the disposition of judicial records. The supreme court shall make appropriate rules regarding the preservation or disposition of state judicial
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records, including appellate, district and other courts.
Obligation to collect or record All courts, State courts
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Kansas Kan. Stat. Ann. § 8-2115 Records of traffic cases; transmittal of abstracts to division; form; effect of noncompliance; public inspection of records; notice of final disposition of appeals
(a) Every municipal judge or judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which
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a person is charged with any violation of this act or of any other law regulating the operation of vehicles on highways or for the violation of an ordinance of any city defining any offense the provisions of which are identical with provisions of this act, or fixing a limitation upon the speed of vehicles pursuant to the provisions of this act. (b) Within 10 days after the conviction or forfeiture of bail or an appearance bond of a person upon a charge of violating any provisions of this act or other law or city ordinance regulating the operation of vehicles on highways, every judge or clerk of the court in which such conviction was had or bail or bond was forfeited shall prepare and immediately electronically forward to the division an abstract of the record of the court covering the case in which such person was so convicted or forfeited bail or bond. The abstract shall be forwarded in an electronic format approved by the division...(e) The division shall electronically file all abstracts received hereunder at its main office and the same shall be open to public inspection during reasonable business hours.
Obligation to collect or record All courts, Clerk
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Kansas Kan. Stat. Ann. § 21-6612(d) Criteria for imposing fines If a fine is ordered pursuant to subsection (b), the court's findings regarding the requirements of subsections (b) and (c) shall be stated on the record. Obligation to collect or record All courts
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Kansas Kan. Stat. Ann. § 19-625 Reports of county officers
The county treasurer, county clerk, sheriff, register of deeds and every other officer collecting any money for the county shall prepare and file with the county auditor monthly, a sworn
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statement of all fees, fines and other moneys collected by such officer belonging to such county. The auditor shall examine the books of all such officers and shall compare such sworn statements with the books in the possession of the auditor and with the auditor's ledger account and report the examination to the board of county commissioners.
Obligation to collect or record County
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Kansas Kan. Stat. Ann. § 12-4510 Code for Municipal Courts; Trials and Proceedings Incident Thereto: Same; imprisonment; fine
When a sentence of imprisonment is pronounced, the municipal judge or the clerk of the municipal court shall prepare and deliver to the chief of police a copy of the
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entry of judgment, duly certified by such judge or clerk, which shall be sufficient authority to such chief of police to execute the sentence and confine the accused person to jail for the time specified, or until further order of the court. When a fine is levied as punishment, the municipal judge or clerk of the municipal court shall issue a statement setting forth the amount of the fine and the manner of payment. Failure to pay in the manner specified may constitute contempt of court.
Obligation to collect or record Municipal court
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Kansas Kan. Stat. Ann. § 45-218 nspection of records; request; response; refusal, when; fees
All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose. No
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person shall removal [remove] original copies of public records from the office of any public agency without the written permission of the custodian of the record.
Obligation to respond to public records requests All
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New Jersey N.J. Stat. Ann. § 47:1A-8 Common law right of access
Nothing contained in [the state open record law], as amended and supplemented, shall be construed as limiting the common law right of access to a government record, including criminal investigatory
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records of a law enforcement agency.
Obligation to respond to public records requests All
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New Jersey N.J. Stat. Ann. § 47:1A-1 Legislative findings and declarations
Government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations
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on the right of access accorded by P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented, shall be construed in favor of the public's right of access;
Obligation to respond to public records requests All
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New Jersey N.J. Stat. Ann. § 47:1A-5 custodian of government records - obligations The custodian of a government record shall permit the record to be inspected, examined, and copied by any person during regular business hours; Obligation to respond to public records requests All
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New Jersey N.J. Stat. Ann. § 39:5-44 Record of fines payable to county; inspection
Every court having jurisdiction to hear complaints for violations of the provisions of this Title shall keep a record of the disposition of all complaints under this subtitle, for which
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a fine may be imposed which record shall be open to inspection by the treasurer or auditor of a county or his duly authorized representative, or by the director or his duly authorized representative, or by the financial officers of the respective municipalities which are entitled to fines imposed by the court.
Obligation to collect or record All
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New Jersey N.J. Stat. Ann. § 2A:158A-18 Recording of liens The Clerk of the Superior Court shall provide separate books for the recording of said liens which books shall be properly indexed in the name of the judgment debtor. Obligation to collect or record State courts